About Our Firm

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Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, and Personal Bankruptcy. We practice primarily in the cities of Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, Northdale, North Tampa, Plant City as well as Hillsborough County, Pinellas County and Pasco County. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes as well as criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla EspaƱol.

Monday, December 23, 2019

How Does Domestic Violence Affect a Divorce?

Sadly, there are thousands of reported incidences of domestic violence every year in Tampa Bay. This can either be a civil domestic violence or a criminal domestic violence matter.  This sometimes leads to divorce, which can have a significant effect on a divorce settlement. During divorce proceedings, a judge will take allegations of domestic violence very seriously. They will weigh it as a factor when making decisions on child custody, spousal support, and property division. Below are the four main factors affected by domestic violence during a divorce.
How You Get Divorced
There is more than one way to get divorced in Florida. Mediation and collaborative divorce are two options that are faster and less costly than litigation. However, these methods of getting divorced aren’t usually suitable for cases involving domestic violence.
Collaborative divorces and mediation requires that the parties involved are amicable, and willing to reach a decision outside of the courtroom. These methods of divorce should also not include one party having significant power over the other. Due to these factors, most divorce cases involving domestic violence allegations go through litigation.
Child Custody Matters
When a judge is deciding on child custody matters, they will consider all factors and make their decision based on the best interests of the child. In most cases, this means allowing shared parental custody. However, judges will deviate from this when there is evidence that such an arrangement could hurt the child.
When a divorce involves a conviction for domestic violence, evidence of violence, or a history of behavior that threatens a child’s well-being, a judge may award sole custody on those grounds. That doesn’t necessarily mean a parent accused of domestic violence will never see their children. A judge will consider the safety needs of the child and the domestic violence victim and may try to arrange visitation time.
Spousal Support
Technically, judges do not take at-fault grounds into consideration when making decisions on spousal support. This means they will not necessarily consider domestic violence when awarding spousal support. However, they do take into consideration the physical and emotional well-being of each spouse, as well as their education and earning power. If any of these factors have been affected by domestic violence, a judge may award the victim more spousal support.
Property Division
Like spousal support, judges don’t take grounds for fault into consideration when making decisions on property division matters. However, also like spousal support, if one spouse sustained injuries or suffered financially as a result of domestic violence, a judge will consider these factors and could award more property to the abused spouse.
Do You Need Help? Call Our Florida Divorce Attorneys
If you need to get out of a bad situation, our Tampa divorce attorneys at All Family Law Group, PA, are here to help. We know how difficult any divorce is, but that cases involving domestic violence present their own unique challenges. We can guide you through those to get your divorce finalized as quickly as possible so you can begin your new life. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. for a free consultation.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

Wednesday, December 11, 2019

What are Myths Surrounding Mediation During Divorce?

When a couple is considering divorce, it does not mean that they have to become involved in a long and bitter courtroom battle. Many divorces in Florida today go through mediation instead of litigation. Mediation is a much more amicable way to get divorced and can provide the couple with more control. Instead of a judge determining on the final terms, the couple themselves will. Even though mediation is gaining in popularity today however, there are still many myths surrounding it that are simply incorrect. Below are some of the most common of these myths, and the truth behind them.
A Mediator will Fix All the Problems in My Divorce
It is true that a mediator will try to foster communication and compromise between you and your spouse. They do this to help you come to an agreement. Unfortunately, they cannot do everything. If one spouse is hiding assets, a mediator cannot determine this, or bring those assets to light. Also, if you or your spouse is not interested in coming to an amicable agreement, the mediator also cannot fix this.
Mediation Works in Favor of Men
This is a myth that has been around for some time now. It comes from the fact that years ago, women sometimes were not as aware of the marital finances, assets, and debts. However, this just is not true today. Women know just as much about the household’s finances today as their husbands and so, mediation works very fairly for both parties.
Mediation Does not Work in Complex Divorce Cases
Mediation can help with any divorce case, even those that have complex issues. As long as you and your spouse are willing to work together and compromise, mediation can still be beneficial.
Mediation Will not Help with Issues Related to Child Custody
Many people think that child custody issues are only determined through litigation. However, that is not true. In fact, if your divorce involves children, it is possible that mediation is the best option for you. After going through mediation, the two spouses often feel more amicable towards each other and are more likely to create a parenting plan both parents will abide by, and stick to once the divorce is final. Mediation can help with all the issues that come up during divorce, including those involving children.
Mediation is Always the Best Option
Mediation can help in many cases and it certainly brings with it many advantages. That does not mean that It is right for everyone, however. If the marriage involved abuse or one spouse has a substance abuse problem, mediation probably will not work.
Our Florida Divorce Lawyers can Advise on All the Options for Divorce
If you are going through a divorce, you likely have a lot of questions, including which divorce option is best for you. At All Family Law Group, PA, our Tampa divorce lawyers can help. We can advise on which type of divorce is right for you, and represent you throughout the entire process. Do not go through your divorce alone. Call us today at (813) 672-1900 to schedule your free consultation to learn more about how we can help with your case.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html